While divorce proceedings are pending, a court can issue a temporary spousal support order if it finds that one of the parties needs financial support to maintain their standard of living while the court is finalizing the divorce.
In California, courts typically calculate temporary spousal support using a guideline formula. On the other hand, permanent spousal support is computed according to several factors, such as the duration of the marriage, the earning capacity of each spouse and other factors that the court finds just and equitable.
Since there is a difference on how temporary and permanent spousal support, many may wonder whether a temporary spousal support order can become permanent.
Yes, it is possible.
Despite the difference in the calculation, courts can convert a temporary spousal support order to a permanent one after thoroughly evaluating the case facts and circumstances. While this is not always the case, the initial calculation can align with the court’s latter determination of permanent spousal support after considering the available factors.
This commonly happens if a court determines that the recipient spouse has a long-term financial need that is expected to continue indefinitely and they have no other means to meet their needs. However, the court also ensures that the paying spouse has the ability to continue paying before awarding the permanent order.
Protect your rights with proper guidance
Spousal support is one of the many complex aspects of a divorce. While a temporary support order can become permanent, each case’s unique facts and circumstances may point to the other direction.
If you are going through a divorce or separation and are seeking spousal support, you must know your rights and options before you proceed. You can navigate the process and protect yourself with the right legal guidance.
